S.S. DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) In this appeal, by special leave, the appellant [a former Indian Trade Service (ITS) officer] has mounted a challenge to the judgment and order dtd. 18/1/2024 [impugned judgment] of a Division Bench of the High Court of Delhi [High Court] declining interference with the judgment and order dtd. 2/7/2021 of the Central Administrative Tribunal, Principal Bench, New Delhi [CAT]. The order passed by the competent authority of the respondent, compulsorily retiring the appellant from service a little less than 5 (five) years prior to his date of superannuation, was upheld by the CAT. FACTS

(2.) A brief narration of facts, falling within a short compass, will throw light on the real issue that emerges for our decision. At the centre of the controversy is the order of compulsory retirement dtd. 10/5/2018, issued under purported exercise of power conferred by Fundamental Rule [FR] 56(j). The legality, correctness and propriety of such order is questioned by the appellant, by referring to the events antecedent thereto woven around the tapestry of his service records.

(3.) A glimpse of the service career of the appellant would reveal that he was appointed to the Indian Trade Service [ITS] in the year 1989. He was promoted as Deputy Director General of Foreign Trade in 1994 and, thereafter, as Joint Director General of Foreign Trade in 2001. In 2006, he was granted promotion on a non-functional Selection Grade basis. He was selected for Central deputation under the Central Staffing Scheme in 2008 and was accorded a further non-functional upgradation in 2011. In 2014, he was appointed as an Additional Director in the Directorate General of Anti-Dumping [DGAD]. He was posted as Regional Joint Director General of Foreign Trade, Guwahati and Shillong, in 2017. On 16/11/2017, he was placed in the Senior Administrative Grade of the ITS at the level of Joint Secretary and was promoted thereto on a regular basis on 27/2/2018.